Decree No. 79/2016/ND-CP on conditions for operating training and vocational knowledge enhancement services in specialized management and operation of apartment buildings, real estate brokerage practice knowledge, and real estate trading floor management.

DECREE

||| Regulations on Conditions for Operating Training Services to Enhance Professional Knowledge and Skills in Managing and Operating Apartment Buildings, Real Estate Brokerage Practice, and Running Real Estate Trading Floors

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Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Housing Law issued on November 25, 2014;

Pursuant to the Law on Real Estate Business dated November 25, 2014;

Pursuant to the Investment Law dated November 26, 2014;

Based on the Enterprise Law dated November 26, 2014;

Pursuant to the Law on Vocational Education dated November 27, 2014;

At the proposal of the Minister of Construction,

Chapter 1. Scope of Regulation conditions for operating training services to enhance professional knowledge and skills in managing and operating apartment buildings, real estate brokerage practice, and running real estate trading floors.

Article 1. Scope of Regulation

This Decree stipulates the conditions for operating training services to enhance professional knowledge and skills in managing and operating apartment buildings, real estate brokerage practice, and running real estate trading floors.

Article 2. Applicability

1. Organizations and individuals operating training services to enhance professional knowledge and skills in managing and operating apartment buildings, real estate brokerage practice, and running real estate trading floors;

2. Organizations and individuals related to the operation of training services to enhance professional knowledge and skills in managing and operating apartment buildings, real estate brokerage practice, and running real estate trading floors.

Article 3. Conditions for Operating Training Services to Enhance Professional Knowledge and Skills in Managing and Operating Apartment Buildings

Organizations and individuals operating training and professional knowledge enhancement services in residential management must meet the following conditions:

1. Being an organization established and operating in Vietnam; having vocational education functions or providing college, university, or postgraduate education as prescribed by law.

2. Having material facilities and classrooms sufficient for students' seating and a location for students to practice knowledge, professional skills in managing and operating apartment buildings.

3. Having teaching materials or textbooks suitable for the framework training program issued by the Ministry of Construction.

4. Having at least 40% of instructors in the establishment's staff or with indefinite-term contracts (with insurance contributions) out of the total number of instructors registered to teach according to the framework training program guidance of the Ministry of Construction.

5. Being recognized by the Ministry of Construction or agencies authorized by the Ministry of Construction as meeting the conditions for training and enhancing professional knowledge and skills in managing and operating apartment buildings.

Article 4. Conditions for Operating Training Services to Enhance Professional Knowledge in Real Estate Brokerage Practice

Organizations and individuals operating training services to enhance professional knowledge in real estate brokerage practice and running real estate trading floors must meet the following conditions:

1. Being an organization established and operating in Vietnam; having vocational education functions or providing college, university, or postgraduate education as prescribed by law.

2. Having material facilities and classrooms sufficient for students' seating and a location for students to practice knowledge in real estate brokerage practice and running real estate trading floors.

3. Having teaching materials or textbooks suitable for the framework training program issued by the Ministry of Construction.

4. Having at least 30% of instructors in the establishment's staff or with indefinite-term contracts (with insurance contributions) out of the total number of instructors registered to teach according to the framework training program guidance of the Ministry of Construction.

Article 5. Responsibilities of Relevant Ministries and Sectors

1. The Ministry of Construction has the following powers and responsibilities:

a) Specifying in detail the procedures, formalities, and documents for recognizing training institutions, the number and requirements for instructors teaching professional knowledge and skills in managing and operating apartment buildings; specifying the number and requirements for instructors teaching professional knowledge in real estate brokerage practice and running real estate trading floors;

b) Specifying in detail the framework training programs for enhancing professional knowledge and skills in managing and operating apartment buildings; framework training programs for enhancing professional knowledge in real estate brokerage practice and running real estate trading floors;

c) Specifying in detail the organization of training, management of training activities, and issuance of Certificates of Completion for training and enhancement of professional knowledge and skills in managing and operating apartment buildings, enhancement of real estate brokerage practice, and running real estate trading floors;

d) Inspecting, supervising, and handling violations within its authority of training institutions enhancing professional knowledge and skills in managing and operating apartment buildings, professional knowledge in real estate brokerage practice, and running real estate trading floors.

2. Relevant ministries and sectors, based on their assigned functions and tasks, have the responsibility to coordinate with the Ministry of Construction to implement relevant regulations concerning the training and enhancement of professional knowledge and skills in managing and operating apartment buildings and professional knowledge in real estate brokerage practice and running real estate trading floors.

Article 6. Effectiveness

1. This Decree takes effect from July 1, 2016.

2. Provisions on conditions for operating training services to enhance professional knowledge and skills in managing and operating apartment buildings, professional knowledge in real estate brokerage practice, and running real estate trading floors issued before this Decree takes effect that differ from the provisions of this Decree shall be implemented in accordance with the provisions of this Decree.

Article 7. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.